ADDLESHAW GODDARD. Finance Litigation and Investigations

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1 2017 ADDLESHAW GODDARD Finance Litigation and Investigations

2 They are very capable and on top of things, with a team that is good to work with. They have a good relationship with their clients, and are well organised. CHAMBERS 2017

3 WHO WE ARE Debt portfolios UK Clearing banks Overseas banks An established, specialist finance litigation and investigations team Exchanges and Capital Markets Investment banks We advise across the financial services sector, acting for banks, asset managers, investors, and building societies in relation to a broad range of disputes and investigations. We have been involved in some of the most important finance litigation cases and investigations of the last 10 years. Our broad experience means we have significant specialist knowledge of financial products from straightforward retail products to the most complex and arcane structured products and the markets for them. Consumer lenders Trust and Fiduciary Private Wealth and Asset Management AG Structured Products Challenger banks Hedge Funds Building Societies and Mutuals Asset Finance and Asset Based Lending 3

4 OUR TEAM An excellent outfit. The banks are always impressed with them and they are good value. Our specialist team comprises 11 partners and 36 lawyers working out of all our offices. We therefore have the resources to handle disputes and investigations of all sizes and complexity. We advise on international and cross border litigation and investigations, as well as domestic matters. We have extensive experience of alternative dispute resolution procedures, including mediation. CHAMBERS 2015 Especially strong expertise in relation to derivatives and structured financial product disputes, with an excellent recent record of acting in major litigation in the area. OUR APPROACH We deliver partner led advice focused on solutions and outcomes. We take a practical and pragmatic approach. Lawyers are deployed from across our offices to provide teams that are cost effective and best meet client needs. Through a combination of legal expertise and commercial focus, we are able to assist our clients to minimise their legal risk, manage their legal spend and maximise the commercial outcomes of disputes and investigations whether at trial in litigation or by way of commercial resolution. CHAMBERS

5 pension disputes financial and trade sanctions structured investments syndicated lending derivative products conduct of banking business capital markets asset managers leveraged assets claims against professional advisers WE ADVISE ON international trade fraud and asset tracing receivables financing restructuring and insolvency regulatory investigations recoveries claims Injunctive relief Financial Ombudsman claims enforcement actions 5

6 DIFFERENTIATORS: CONTROL AG launched its market-leading CONTROL product in Designed to enable our clients to mitigate the cost of litigation and to reduce the uncertainty involved, including the impact it can have on a firm s balance sheet. In 2017 we remain at the forefront of delivering different litigation funding solutions, including: Conditional fee agreements After the event insurance Third party funding Damage based agreements. A FLEXIBLE DELIVERY MODEL: TRANSACTION SERVICES TEAM We have a flexible and scalable delivery model which enables us to draw on the expertise of our Transaction Services Team, of approximately 150 paralegals. This team gives us the capability to deliver large and small-scale disclosure exercises and document reviews and handle portfolios of recovery work at significantly reduced cost. The TST team has pioneered the use of Artificial Intelligence and predictive coding in disputes and investigations to quickly identify, analyse and extract information from contracts and documentation, providing a significant edge to our clients. Volume recovery actions can also be managed via our HighQ system while also giving clients a portal to access real time updates, management information and share documents. 6

7 They ve done some really big trials so are geared up well to do the big ticket work. CHAMBERS LITIGATION

8 RECENT EXPERIENCE - LITIGATION ADVISING International financial institution, defending a claim for 200m in a structured securities transactionl Major clearing banks defending multiple claims in relation to the alleged mis-sale of interest rate hedging products Major UK bank on high profile litigation arising from the collapse of the US law firm Dewey & LeBoeuf and the recovery of loans totalling US$56 million in the US and multiple other foreign jurisdictions Clydesdale Bank in the widely followed Office of Fair Trading s test case on unauthorised overdraft charges that went to the Supreme Court UK bank in their successful claim against UniCredit Bank AG and UniCredit Bank Austria AG for 80 million under structured credit transactions Major building society on claims relating to commercial fixed rate loans The Leipzig Water Authority (KWL) which we defended at trial against claims brought by UBS and two other banks in a complex structured credit derivatives dispute valued at 350 million; we are responding to the banks appeal A major Portuguese bank in relation to a trade finance transaction and a dispute about the autonomy of SBLCs and scope of the fraud exemption. The case went to the Court of Appeal 8

RECENT EXPERIENCE - INVESTIGATIONS ADVISING An Inter-dealer broker defending enforcement action by the FCA and CFTC in relation to LIBOR manipulation A major UK bank in enforcement proceedings

9 RECENT EXPERIENCE - INVESTIGATIONS ADVISING An Inter-dealer broker defending enforcement action by the FCA and CFTC in relation to LIBOR manipulation A major UK bank in enforcement proceedings brought by the FCA concerning the sale of residential mortgages A global entity in respect of enforcement proceedings brought by the FSA in relation to a failure to have proper ABC procedures in place A senior trader in relation to an FCA investigation into alleged market abuse in the fixed income market A Recognised Investment Exchange in relation to a two year investigation culminating in the largest fine imposed by an investment exchange A global retail bank in respect of money laundering issues, liaising with law enforcement as required A large consumer credit buiness in relation to a contested application for FCA authorisation An AIM listed company in relation to a LSE investigation 9

10 FINANCE LITIGATION AND INVESTIGATIONS 11 PARTNERS LAWYERS PARALEGALS Addleshaw Goddard s UK offices in Aberdeen, Edinburgh, Glasgow, Leeds, London and Manchester. 10

TEAM FINANCE LITIGATION AND INVESTIGATIONS - TEAM MICHAEL BARNETT Divisional Managing Partner +44 (0)20 7544 5302 michael.barnett@ addleshawgoddard.

11 TEAM FINANCE LITIGATION AND INVESTIGATIONS - TEAM MICHAEL BARNETT Divisional Managing Partner +44 (0) michael.barnett@ addleshawgoddard.com Michael heads up our overall litigation practice. He is also a specialist in financial markets disputes, having acted in some of the most high-profile and complex cases of recent years for financial institutions and other market participants, trade counterparties and investors. SALLY EMERTON Partner - Head of Financial Litigation +44 (0) sally.emerton@ addleshawgoddard.com Acerent aut harumet, volorem adigent odi nesere sume ex eos sam, qui que rerum ut quis ut reperrovid quuntur, utem utemolorro ma quat. Sally leads the financial services sector at Addleshaw Goddard and is also Head of the Finance Litigation team nationally. She specialises in all aspects of banking and finance litigation and dispute resolution but has particular expertise in asset finance litigation. CHAMBERS TBC... 11

RICHARD CLAYTON Partner +44 (0)20 7160 3225 richard.clayton@addleshawgoddard.com MARK GILL Partner +44 (0)20 7544 5339 mark.gill@addleshawgoddard.

com Richard has more than 20 years experience specialising in finance and investment disputes and contentious regulatory work acting for banks, asset managers,

Mark has close on 40 years experience in advising banks and financial institutions on issues and in acting for them in significant litigation.

12 RICHARD CLAYTON Partner +44 (0) MARK GILL Partner +44 (0) IAN HASTINGS Partner +44 (0) Richard has more than 20 years experience specialising in finance and investment disputes and contentious regulatory work acting for banks, asset managers, hedge funds and pension funds in domestic and cross-border cases involving a range of lending and investment products including structured products. Mark has close on 40 years experience in advising banks and financial institutions on issues and in acting for them in significant litigation. Ian specialises exclusively in financial services litigation and client relationship management. His experience of large and/or thematic litigation includes bank charges regarding current accounts, the test case on Section 79 of the Consumer Credit Act and interest rate and FX hedging. 12

LYNSEY WALKER Partner and Solicitor Advocate +44 (0)131 222 9496 lynsey.walker@addleshawgoddard.com BEN LOWANS Partner +44 (0)113 209 2548 ben.lowans@addleshawgoddard.

She has particular expertise in specialist recoveries, providing advice to banks, loan funds and insolvency practitioners.

She is also a Solicitor Advocate and regularly represents her clients in Court, as well as having a successful track record settling disputes at mediation.

13 LYNSEY WALKER Partner and Solicitor Advocate +44 (0) BEN LOWANS Partner +44 (0) HAROLD BRAKO Partner +44 (0) Lynsey specialises in banking, finance and insolvency litigation. She has particular expertise in specialist recoveries, providing advice to banks, loan funds and insolvency practitioners. Lynsey understands the commercial realities faced by clients having been seconded in-house to one of the commercial banks. She is also a Solicitor Advocate and regularly represents her clients in Court, as well as having a successful track record settling disputes at mediation. Ben specialises in finance litigation and fraud. Ben s experience involves all aspects of finance litigation, be it bringing or defending claims for financial services clients. His experience includes enforcement and recovery actions, defending mis-selling claims, disputes regarding appointment of LPA Receivers, injunctive actions, discrimination claims, fraud claims and dealing with complaints, including those made to the financial ombudsman service. Harold specialises in banking and finance litigation, with particular expertise in asset based lending and receivables financing. He advises clients in relation to all aspects of dispute resolution including claims for and against lenders, fraud claims and asset recovery involving urgent injunctive processes, contractual / commercial disputes, reviews and enforcement of security and insolvency proceedings. 13

JAMES HERRING Partner +44 (0)20 7160 3980 james.herring@addleshawgoddard.com NICHOLA PETERS Partner +44 (0)20 7160 3370 nichola.peters@addleshawgoddard.

His expertise includes mis-selling claims (in relation to financial products), claims relating to lending and security issues, letters of credit, derivatives and structured products as well as

Key areas involve advising on and carrying out investigations relating to corruption, sanctions, money laundering, terrorist financing, extradition, information security and fraud issues.

14 JAMES HERRING Partner +44 (0) NICHOLA PETERS Partner +44 (0) CHRIS BRENNAN Partner +44 (0) James specialises in finance disputes advising financial institutions on a wide range of contentious matters. His expertise includes mis-selling claims (in relation to financial products), claims relating to lending and security issues, letters of credit, derivatives and structured products as well as professional negligence claims. Nichola is a Partner in the Investigations team specialising in advising corporates, directors and senior management on financial and corporate crime issues. Key areas involve advising on and carrying out investigations relating to corruption, sanctions, money laundering, terrorist financing, extradition, information security and fraud issues. Chris is a partner in the Investigations team specialising in regulatory investigations and enforcement. He has experience across a broad range of financial markets gained both as a partner and as an in-house lawyer. His former roles include Head of Regulatory for Lloyds Banking Group, General Counsel for a global inter-dealer broker and a senior lawyer within the FSA s Enforcement division. 14

16 addleshawgoddard.com Aberdeen, Doha, Dubai, Edinburgh, Glasgow, Hong Kong, Leeds, London, Manchester, Muscat, Singapore and Tokyo* * a formal alliance with Hashidate Law Office 2017 Addleshaw Goddard LLP. All rights reserved. Extracts may be copied with prior permission and provided their source is acknowledged. This document is for general information only. It is not legal advice and should not be acted or relied on as being so, accordingly Addleshaw Goddard disclaims any responsibility. It does not create a solicitor-client relationship between Addleshaw Goddard and any other person. Legal advice should be taken before applying any information in this document to any facts and circumstances. Addleshaw Goddard is an international legal practice carried on by Addleshaw Goddard LLP (a limited liability partnership registered in England & Wales and authorised and regulated by the Solicitors Regulation Authority and the Law Society of Scotland) and its affiliated undertakings. Addleshaw Goddard operates in the Dubai International Financial Centre through Addleshaw Goddard (Middle East) LLP (registered with and regulated by the DFSA), in the Qatar Financial Centre through Addleshaw Goddard (GCC) LLP (licensed by the QFCA), in Oman through Addleshaw Goddard (Middle East) LLP in association with Nasser Al Habsi & Saif Al Mamari Law Firm (licensed by the Oman Ministry of Justice) and in Hong Kong, Addleshaw Goddard (Hong Kong) LLP, a Hong Kong limited liability partnership pursuant to the Legal Practitioners Ordinance and regulated by the Law Society of Hong Kong. In Tokyo, legal services are offered through Addleshaw Goddard s formal alliance with Hashidate Law Office. A list of members/principals for each firm will be provided upon request. The term partner refers to any individual who is a member of any Addleshaw Goddard entity or association or an employee or consultant with equivalent standing and qualifications. If you prefer not to receive promotional material from us, please us at unsubscribe@ addleshawgoddard.com. For further information please consult our website or

CORPORATE CRIME AND INVESTIGATIONS

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